나고야의정서와 식량농업용식물유전자원에 관한 국제조약과의 관계 - 농·식품분야 대응방안을 중심으로-

초록

The preamble and Article 4 of the Nagoya Protocol excludes the 64 plant genetic resources from the benefit sharing obligation under it. Therefore, while the Convention on Biological Diversity and Nagoya Protocol require the obtention of Prior Informed Consent(PIC) and the establishment of Mutually Agreed Terms for an access to genetic resources through bilateral negotiation between provider country and users, the Multilateral System(MLS) exempts, through the Standard Material Transfer Agreement(sMTS), these burdensome processes for the 64 plant genetic resources which are specified in Annex 1 of ITPGRFA. However, this exemption can be entertained only if eight strict requirements in Article 12.3 under ITPGRFA are satisfied. This Paper analyses the relationship between Nagoya Protocol and ITPGRFA in view of access and benefit-sharing obligation and suggests the possible approaches to enjoy the maximum extent of exemption under Article 4 of Nagoya Protocol.

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